New York federal prosecutors have reportedly pivoted to investigating Trump's business

(Image credit: Alex Edelman/AFP/Getty Images)

published 10 December 2018

In court filings Friday, federal prosecutors in the Southern District of New York linked President Trump to two crimes his former lawyer Michael Cohen admitted to committing on his behalf in 2016. "What the prosecutors did not say in Mr. Cohen's sentencing memorandum," The New York Times reported Sunday, "is that they have continued to scrutinize what other executives in the president's family business may have known about those crimes, which involved hush-money payments to two women who had said they had affairs with Mr. Trump," porn actress Stormy Daniels and former Playboy model Karen McDougal.

The federal prosecutors did not directly accuse Trump of committing a crime, but they said Friday that "with respect to both payments, [Cohen] acted in coordination with and at the direction of" Trump. Cohen has said he believed Trump personally approved the Trump Organization's decision to reimburse him for the hush payments, and he told prosecutors that the company's chief financial officer, Allen Weisselberg, was involved in discussions about the payments, the Times reports.

"While the prevailing view at the Justice Department is that a sitting president cannot be indicted, the prosecutors in Manhattan could consider charging him after leaving office," the Times notes. Trump still owns the Trump Organization through a trust, and the company and its executives — including Trump's children — are not protected by the Justice Department opinion against prosecuting Trump in office.

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"There's a very real prospect that on the day Donald Trump leaves office, the Justice Department may indict him, that he may be the first president in quite some time to face the real prospect of jail time," Rep. Adam Schiff (D-Calif.), the incoming chairman of the House intelligence committee, said on CBS's Face The Nation. "The bigger pardon question may come down the road as the next president has to determine whether to pardon Donald Trump." Schiff has previously said the intelligence committee will examine Trump's family business.

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Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.